CHHATRASINH NARSINGBHAI DAMOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is filed by the appellant -original accused No.1 being aggrieved and dissatisfied with the judgment and order dated 30.12.2011 passed by the learned Principal Sessions Judge, Dahod, in Sessions Case No.50 of 2009 whereby original accused No.1 was convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,000/ -, in default, to suffer further rigorous imprisonment for one year for the offence punishable under section 304 Part -II of the Indian Penal Code ("IPC' for short) and rigorous imprisonment for seven years and to pay a fine of Rs.500/ -, in default, to suffer further rigorous imprisonment for six months for the offence punishable under section 326 of IPC. He was, however, acquitted for the offence punishable under sections 302, 324, 323, 504 and 114 of IPC. Both the sentences were ordered to run concurrently. He was given set off for the period undergone in jail. Original accused Nos.2 and 3 were acquitted of all the charges levelled against them.

(2.) Short facts of the case of the prosecution are that on 14.9.2009 when father of the complainant -Dilipbhai Ansubhai, Mr. Ansubhai Varsingbhai was returning after eating "Navai"(new product of food) from paternal aunt's house at Shangasar in Kanakuva Village, accused -Chhatrasing Narsing armed with sickle, Nabla Varsingbhai armed with stick and Narsingbhai Valachandbhai caught hold of his father and abused him by uttering words "tane ghadi hagadu" and inflicted sickle blow on upper elbow of left hand. When father of the complainant shouted, the complainant along with his uncle -Mansukhbhai Varsingbhai(deceased), Bhalubhai Varsingbhai, Hemtabhai Motiyabhai and Parvin Parsingbhai ran there and tried to intervene. At that time, accused No.1 - Chhatrasing Narsing inflicted one sickle blow above the elbow of right hand and two sickle blows on wrist and finger of Mansukhbhai Varsingbhai resulted into amputation of his two fingers. When Bhalubhai Varsingbhai tried to intervene, accused No.1 inflicted stone blow on his shoulder and accused No.2 -Nabla Narsing caused bite injury on the left chest of Hamesh Varsingbhai. The accused thereafter fled from the scene. The injured were thereafter taken to a hospital at Dahod. However, Mansukhbhai Varsingbhai succumbed to the injuries during treatment. A complaint was, therefore, filed against the accused. In pursuance of said complaint, investigation started and as there appeared prima facie case against the accused, a charge sheet was filed against the accused persons.

(3.) Heard Mr. J. M. Buddhbhatti, learned advocate for the appellant and Mr. K. L. Pandya, learned Additional Public Prosecutor, for the respondent -State.